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re: Given Maine and Colorado, do any of you moderate GOPers still think calling Dems "fascist"

Posted on 12/28/23 at 7:11 pm to
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99473 posts
Posted on 12/28/23 at 7:11 pm to
No.

Consider that the branch of government that had jurisdiction over him in January 2021 acquitted him of insurrection.

Think about that.

And to SFP and the other constitutional scholars that will argue that wasn't a criminal proceeding...

Assuming that Section 3 is applicable to the President (hint...it's not [not included in the listed offices]), the 14th Amendment grants to Congress - and Congress alone - the power to remove the "disability." Thus, Congress is the only entity that can IMPOSE the disability.

Dems are fascists.

Period.
Posted by Dday63
Member since Sep 2014
2324 posts
Posted on 12/28/23 at 9:59 pm to
quote:

the 14th Amendment grants to Congress - and Congress alone - the power to remove the "disability." Thus, Congress is the only entity that can IMPOSE the disability.


That's not how this works. Congress has no power that isn't expressly granted by the Constitution.

Congress has the authority to pass "appropriate legislation" to enforce the 14th Amendment, but Congress repealed the only law it ever passed relating to Section 3.

quote:

Assuming that Section 3 is applicable to the President (hint...it's not [not included in the listed offices])


I think SCOTUS will say it does not apply to the President, rendering all of this a collasal waste of time and energy.

But if POTUS is not an "Officer of the United States" then what does that do to the Emoluments Clause, which everyone has assumed applies to the President?

And what about disqualification after impeachment? The Constitution says you can be disqualified from holding "any Office under the United States". Does that not include the Presidency? Are we saying someone who has been impeached, convicted, and removed from office can still run for President?
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